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Bapst v. Southtowns Insulations

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1027 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of Southtowns Insulations (defendant) for summary judgment. Plaintiffs' release of the other alleged tortfeasors did not relieve defendant of liability for plaintiffs' injuries (see, General Obligations Law § 15-108 [a]; Gonzales v Armac Indus., 81 N.Y.2d 1, 5). The "equitable share of the damages" among defendant and the released tortfeasors is a factual determination to be made at trial (General Obligations Law § 15-108 [a]; see, Heinsohn v Putnam Community Hosp., 65 A.D.2d 767).


Summaries of

Bapst v. Southtowns Insulations

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1027 (N.Y. App. Div. 1995)
Case details for

Bapst v. Southtowns Insulations

Case Details

Full title:MELISSA BAPST et al., Infants, by MICHAEL BAPST et al., Individually and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

Citations

222 A.D.2d 1027 (N.Y. App. Div. 1995)
636 N.Y.S.2d 680